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Appeal in Supreme Court on Delhi HC marital rape verdict

Socio Legal Corp

Written by Shaurya Mahajan

An appeal has been filed in the honourable Supreme Court against the split verdict delivered by the Delhi High Court in the marital rape case.

The case deals with the validity of Exception 2 of Section 375 of the Indian Penal Code, 1860. The case that has been filed as an appeal is Khushboo Saifi vs Union of India.

The appellant was one of the petitioners before the High Court. Exception 2 of Section 375 makes it so that rape charges cannot be brought against a man who has non – consensual sex with his wife.

This provision had been challenged before the High Court. The division bench of the High Court comprised Justices Rajiv Shakdher and C Hari Shankar. They had delivered a split verdict in the case on May 11.

While Justice Shakdher struck down the provision as unconstitutional, Justice Shankar upheld the same. “The impugned provisions in so far as they concern a husband having intercourse with his wife without consent are violative of article 14 and are, therefore, struck down,” Justice Shakdher had held. “I do not agree. There is no support to show that the impugned exception violates Articles 14, 19 or 21. There is an intelligible differentia. I am of the view that the challenge cannot sustain,” Justice Shankar had ruled.

The appellant, Saifi has supported the verdict of Justice Rajiv Shakdher and challenged the opinion of Justice Hari Shankar.

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